Fox Williams hosted an international arbitration webinar looking at the underlying issues in the ICC Commission Report on The Accuracy of Fact Witness Memory in International Arbitration and the Witness Evidence Working Group Report that culminated in PD57AC.
Partner Peter Ashford was joined by:
Our panel of experienced practitioners, together with a cognitive psychologist, discussed the concept of memory and how that is reflected in witness statements; cognitive bias for both the witness and for the tribunal and the psychology underpinning the recommended improvements from both reports.
Dr Kimberley Wade conducted the specific research for the ICC Commission Report, John Kimbell QC was a member of the Witness Evidence Working Group and is both a barrister and deputy judge. Lord Neuberger brings his very considerable experience as both a judge and now arbitrator.
The new approach for the Business and Property Courts will make statements much shorter, more selective (as the statement should only cover points where there is no document) and the process of gathering the evidence will be more transparent. The ICC Commission Report will probably change little beyond the gathering of evidence and an understanding of the issues – and may be none the worse for that.
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